Jury selection in child rape trial of David Oppenheim to continue Thursday

The Republican file photo | Don TreegerJury selection in the child rape trial of David Oppenheim, shown in Hampshire Superior Court earlier this month during a pre-trial conference.

NORTHAMPTON - Jury selection will continue Thursday in the trail of Easthampton resident David Fried Oppenheim, charged with five counts of raping a child who performed at a theater he founded.

On Wednesday, one juror was impaneled from a pool of more than 20. Assistant District Attorney Linda Pisano, the prosecutor in the case, used a peremptory challenge to eliminate two prospective jurors without explanation.

Hampshire Superior Court Judge Mary-Lou Rup said selection will continue Thursday to find two more jurors and four alternates. The trial is expected to run through Feb. 3, but if selection continues on Monday, it could take longer, she added.

Hampshire County courts do not call jurors on Friday.

Oppenheim, founder of Pioneer Arts Center of Easthampton, is accused of having sexual encounters, including intercourse, with an intern and performer at the theater who was between the ages of 14 and 15.

The prosecution does not allege Oppenheim used force, Rup said, but the alleged victim was under the legal age of consenting to sex at the time.

One of the prosecution's witnesses claims to have had conversations in which Oppenheim detailed the alleged abuse. That witness was born a female but identifies as a male.

At least one juror was excused because he said he could not listen to that person's testimony with objectivity solely based on the fact he is transgender.

The abuse is alleged to have occurred between October 2005 and June 2007.

Rup instructed all jurors to avoid media coverage and social discussions of the case, including on Facebook.

A hearing on admissibility of other alleged similar behaviors was scheduled to begin around 11:30 a.m.